Terms of Service | Springstead

(Updated October 16, 2022)

Welcome to Springstead Corp.’s (“we,” “our,” “us”) website(s), such as www.sprinstead.co that are accessible with or without a username and password, including but not limited to text, content, photographs, video, audio, graphics and services (collectively, “Site”). These Terms of Service (“Terms”) apply to your use of our Site, our services offered on this Site (“Services”). “User” or “Users” means anyone who accesses and/or uses the Site.

PLEASE REVIEW THESE TERMS CAREFULLY BEFORE USING OUR SITE AND SERVICES. BY ACCESSING OUR SITE AND USING OUR SERVICES YOU AGREE TO ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS (AS UPDATED FROM TIME TO TIME) PLEASE EXIT AND REFRAIN FROM USING OUR SITE AND/OR SERVICES. We reserve the right to change, update, or correct all or any portion of these Terms or any information contained in our Site at any time, without notice.

By using our site and our Services you consent to be bound by these Terms. Your continued access of the Site and/or use of the Services provided through the Site following the posting of any additional or different terms in the Terms constitutes your acceptance of those additional or different terms. We, in our sole discretion, may also add, delete or change some or all of the features of the Site at any time.

If you violate any of these Terms (which include by reference our Privacy Policy) or otherwise violate an agreement between you and us, we may terminate your registration, and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site), at any time in our sole discretion, with or without notice.

1. Services

Subject to the terms and conditions specified herein and as described in our Privacy Policy, we provide information regarding our Services and at times, allow Users to pay for such Services. Services are for individual use only. You may not sell or resell any of the Services received from us.

2. Collection of Personal Information and Data

Please review our Privacy Policy in connection with the collection of information we may collect from you.

By providing such information upon registration on the Site, you agree: (i) to these Terms; (ii) to provide true, accurate, current and complete information; (iii) to maintain and promptly update the information to keep it true, accurate, current and complete; and (iv) to take full responsibility for all activities that occur when you use the Site.

We are not responsible for any loss or damage arising from your failure to comply with the foregoing requirements. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse all current or future use of the Site (or any portion thereof).

3. Eligibility

The Site is intended solely for Users who are adults over the age of majority in their place of residence and any registration by, use of or access to the Site by anyone who is not over the age of majority is unauthorized, unlicensed and in violation of these Terms. By using the Site, you represent and warrant that you are over the age of majority and that you agree to and abide by all terms and conditions of these Terms. Your registration and data associated with your registration or the Site are not transferable to any other individual.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify the GIIN of any unauthorized use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms.

If you violate any of these Terms, or otherwise violate an agreement between you and us, do not follow instructions regarding the proper implementation of the Site, or for any other reason, we may terminate your registration for an account on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site), at any time in our sole discretion. You agree that we will not be liable to you or to any third party for any termination of your right to use the Site.

4. Proprietary Rights

We retain all right, title and interest in and to the Site, as well as all data, information, content and materials provided on the Site. We further retain all right, title and interest in and to the business processes, procedures, methods and techniques used within the Site and all patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights therein existing anywhere in the world (“Intellectual Property”) to the Site. All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (“Proprietary Content”), is our proprietary property with all rights reserved. No Proprietary Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

5. Content of Site

We are not responsible if information on the Site is not accurate, complete or current. Any reliance on the material in the Site is at your own risk. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Site, including any unavailability of the Site. We undertake no obligation to update, amend or clarify information on the Site. No specified update to the Site should be taken to indicate that all the information in the Site has been modified or updated.

Site content does not constitute investment advice or an offer to invest and is not intended for trading purposes. Users should consult with their own investment, accounting, legal and tax advisers to evaluate independently the risks, consequences and suitability of any investment made by them. Should you determine independently to make investments of any kind in any listed investment of any other user, you agree that you will not do so for a period of 30 days following receipt of your password (other than an investment in which you, your firm, or its affiliates already invest, has already been solicited for or is already actively considering an investment in).

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

The Site may contain estimates, projections or other statements that are forward looking in nature (“Forward Looking Statements”). Any such Forward Looking Statements are inherently speculative and subject to numerous risks and uncertainties. Actual results and performance may be significantly different from historical experience and present expectations or projections. We undertake no obligation to publicly update or revise any Forward Looking Statements.

If the Site contains links to other websites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those websites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

6. Prohibited Conduct

You agree to use the Site only for purposes that are legal, proper and in accordance with these Terms and any applicable law, rules or regulations. You may not: use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party's use and enjoyment of the Site; attempt to gain unauthorized access to the Site, or the computer systems or networks connected to the Site through hacking, password mining or any other means; create user accounts by automated means or under false or fraudulent pretenses; transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature; defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; upload, post, email or transmit, or otherwise make available through the Site any inappropriate, defamatory, infringing, obscene, or unlawful content; upload, post, email or transmit, or otherwise make available through the Site any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content; interfere or attempt to interfere with the proper working of the Site; impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials; remove any copyright, trademark or other proprietary rights notices contained in or on the Site; use the Site for any illegal or unauthorized purpose (including, without limitation, in violation of any United States federal and state laws or regulations, or equivalent laws or regulations in foreign jurisdictions); or use the Site for any commercial purpose whatsoever other than for your personal use.

7. Disclaimers

WE PROVIDE THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

We make no representation or warranty that (i) the Site will meet your expectations or requirements, (ii) the Site will be uninterrupted, timely, accurate, secure, complete or error-free, (iii) any results or information that may be obtained from the use of the Site will be accurate, timely, complete or reliable and (iv) any errors in the Site will be corrected. Operation of the Site may be interfered with by numerous factors outside of our control including, but not limited to, telecommunications network disruptions. We are not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Site.

While we have endeavored to create a secure and reliable Site, we are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters. We shall not be liable for damages because of any delay or other failure of performance due to causes beyond our reasonable control including, without limitation, acts of God, acts of customer or any of our representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses. The Site may be temporarily unavailable from time to time for maintenance or other reasons.

8. Limitation on Liability

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL SPRINGSTEAD CORP. TOGETHER WITH OUR EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS (HOWEVER ARISING, INCLUDING NEGLIGENCE) FOR (1) ANY LOST, DELETED, CORRUPTED, FALSE, OR INACCURATE DATA STORED OR DISPLAYED ON YOUR DEVICE OR IN ANY LOCATION, INCLUDING DATA STORED ON ANY SERVER OR DATA TRANSMITTED TO ANY LOCATION; (2) ANY DAMAGE OR LOSS OF USE OR DAMAGE TO THE DEVICE ON WHICH THE SITE IS INSTALLED; (3) LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (4) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO $100.

9. Indemnification

You agree to defend, indemnify and hold us, together with our respective employees, agents, directors, officers and shareholders, harmless from and against all liabilities, losses, claims, damages, costs and expenses (including reasonable attorneys' fees and costs) arising out of (i) your use or misuse of the Site; (ii) your breach or alleged breach of these Terms, and (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Site.

10. Termination

You agree that we, in our sole discretion and without prior notice or liability to you, may issue a warning, temporarily suspend, indefinitely suspend, or terminate your access to the Site in our sole discretion, for any reason, whether with or without cause or warning, and without liability. In the event of termination of your access to the Site, we may delete and/or store, in our discretion, data associated with your use of the Site. In the event of termination, we have no further obligations to you, including any obligation to preserve any data generated by your use of the Site and any liability under these Terms in regard to such data.

11. Miscellaneous

These Terms constitute the entire agreement between you and us with respect to your access and use of the Site and supersede all prior and contemporaneous agreements between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The provisions of Sections 3 – 5 and 7 - 11, shall survive any termination of these Terms. These Terms and any dispute relating to these Terms or the relationship between the parties to these Terms will be governed by the laws of the State of New York, and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Queens, New York. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site, that we will attempt in good faith to negotiate a written resolution of the matter directly between us. You agree that if the matter remains unsettled for forty-five (45) days after notification (via email and certified mail) that a dispute exists, all parties shall join in mediation services in Queens, New York with a mutually agreed mediator to settle the dispute. Should you file any arbitration claims, administrative or legal actions without first having attempted to resolve the matter by mediation, then you will not be entitled to recover attorney's fees, even if you would otherwise be entitled to them. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. We may assign these Terms at any time. You may not assign or transfer these Terms. If any provision of this Terms is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

If you have any questions or comments, or to report violations of these Terms, please contact us at hello@sprinstead.co with “Terms of Service” in the subject line of your email.

Thank you for visiting our Site.